227.010 Definition for ORS 227.030 to 227.300
As used in ORS 227.030 to 227.300, “council” means a representative legislative body.
Oregon Revised Statutes
Chapter 227 — City Planning and Zoning
58 sections227.020 Authority to create planning commission
A city may create a planning commission for the city and provide for its organization and operations. This section shall be liberally construed and shall include the authority to create a joint planning commission and to utilize an intergovernmental agency for planning as authorized by ORS 190.003 to 190.130.
227.030 Membership
Not more than two members of a city planning commission may be city officers, who shall serve as ex officio nonvoting members. A member of such a commission may be removed by the appointing authority, after hearing, for misconduct or nonperformance of duty. Any vacancy in the commission must be filled by the appointing authority for the unexpired term of t…
227.035 [1973 c.739 §5; renumbered 244.135 in 1993]renumbered
No operative statutory text appears at this designation in the selected edition.
227.040 [Repealed by 1973 c.739 §13]repealed
No operative statutory text appears at this designation in the selected edition.
227.050 [Amended by 1969 c.430 §2; repealed by 1975 c.767 §16]repealed
No operative statutory text appears at this designation in the selected edition.
227.060 [Repealed by 1975 c.767 §16]repealed
No operative statutory text appears at this designation in the selected edition.
227.070 [Amended by 1969 c.430 §3; 1973 c.739 §3; repealed by 1975 c.767 §16]repealed
No operative statutory text appears at this designation in the selected edition.
227.080 [Repealed by 1973 c.739 §13]repealed
No operative statutory text appears at this designation in the selected edition.
227.090 Powers and duties of commission
Except as otherwise provided by the city council, a city planning commission may: Recommend and make suggestions to the council and to other public authorities concerning: The laying out, widening, extending and locating of public thoroughfares, parking of vehicles, relief of traffic congestion; Betterment of housing and sanitation conditions; Establishm…
227.095 Definitions for ORS 227.100 and 227.110
As used in ORS 227.100 and 227.110, “subdivision” and “plat” have the meanings given those terms in ORS 92.010.
227.100 Submission of plats for subdivisions and plans for street alterations and public buildings to commission; report
All subdivision plats located within the city limits, and all plans or plats for vacating or laying out, widening, extending, parking and locating streets or plans for public buildings shall first be submitted to the commission by the city engineer or other proper municipal officer, and a report thereon from the commission secured in writing before approval …
227.110 City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city; exception
All subdivision plats and all plats or deeds dedicating land to public use in that portion of a county within six miles outside the limits of any city shall first be submitted to the city planning commission or, if no such commission exists, to the city engineer of the city and approved by the commission or engineer before they shall be recorded. However, un…
227.120 Procedure and approval for renaming streets
Within six miles of the limits of any city, the commission, if there is one, or if no such commission legally exists, then the city engineer, shall recommend to the city council the renaming of any existing street, highway or road, other than a county road or state highway, if in the judgment of the commission, or if no such commission legally exists, then i…
227.130 [Repealed by 1975 c.767 §16]repealed
No operative statutory text appears at this designation in the selected edition.
227.140 [Repealed by 1975 c.767 §16]repealed
No operative statutory text appears at this designation in the selected edition.
227.150 [Repealed by 1975 c.767 §16]repealed
No operative statutory text appears at this designation in the selected edition.
227.160 Definitions for ORS 227.160 to 227.186
As used in ORS 227.160 to 227.186: “Hearings officer” means a planning and zoning hearings officer appointed or designated by a city council under ORS 227.165. “Permit” means discretionary approval of a proposed development of land, under ORS 227.215 or city legislation or regulation. “Permit” does not include: A limited land use decision as defined in OR…
227.165 Planning and zoning hearings officers; duties and powers
A city may appoint one or more planning and zoning hearings officers, to serve at the pleasure of the appointing authority. Such an officer shall conduct hearings on applications for such classes of permits and zone changes as the council designates.
227.170 Hearing procedure; rules
The city council shall prescribe one or more procedures for the conduct of hearings on permits and zone changes. The city council shall prescribe one or more rules stating that all decisions made by the council on permits and zone changes will be based on factual information, including adopted comprehensive plans and land use regulations.
227.172 Siting casino in incorporated city
As used in this section: “Casino” means a facility in which casino games, as defined in ORS 167.117, are played for the purpose of gambling. “Tribal casino” means a facility used for: Class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act of October 17, 1988 (25 U.S.C. 2701 et seq.); Class III gaming conducted under a tribal-stat…
227.173 Basis for decision on permit application; statement of reasons for approval or denial
Approval or denial of a discretionary permit application must be based on standards and criteria that are set forth in the development ordinance and that relate approval or denial of a discretionary permit application to the development ordinance and the comprehensive plan for the area in which the development would occur and to the development ordinance and…
227.175 Application for permit or zone change; fees; consolidated procedure; hearing; approval criteria; decision without hearing
When required or authorized by a city, an owner of land may apply in writing to the hearings officer, or such other person as the city council designates, for a permit or zone change, upon such forms and in such a manner as the city council prescribes. The governing body shall establish fees charged for processing permits at an amount no more than the actual…
227.178 Deadlines for completeness determination and final action on application; procedure; exceptions; refund of fees
Except as provided in subsections (3), (5) and (11) of this section, the governing body of a city or its designee shall take final action on an application, including resolution of all appeals under ORS 227.180, within the shortest applicable period of the following periods, all of which begin on the date that the application is deemed complete: 120 days; …
227.179 Writ of mandamus authorized after deadline for final action; jurisdiction; process
If the governing body of a city or its designee does not take final action on an application within the period allowed under ORS 227.178, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted to compel the governing body or its designee to issue the approval. The gove…
227.180 Review of action on permit application; fees
A party aggrieved by the action of a hearings officer may appeal the action to the planning commission or council of the city, or both, however the council prescribes. The appellate authority on its own motion may review the action. The procedure for such an appeal or review shall be prescribed by the council, but shall: Not require that the appeal be filed…
227.181 Deadline for final action following remand of land use decision
Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a city, the governing body of the city or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsecti…
227.182 Writ of mandamus authorized after deadline following remand of land use decision
If the governing body of a city or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 227.181, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not mo…
227.184 Supplemental application for remaining permitted uses following denial of initial application
A person whose application is denied by the governing body of a city or its designee under ORS 227.178 may submit to the city a supplemental application for any or all other uses allowed under the city’s comprehensive plan and land use regulations in the zone that was the subject of the denied application. The governing body of a city or its designee shall …
227.185 Transmission tower; location; conditions
The governing body of a city or its designee may allow the establishment of a transmission tower over 200 feet in height in any zone subject to reasonable conditions imposed by the governing body or its designee.
227.186 Notice to property owners of hearing on certain zone change; form of notice; exceptions; reimbursement of cost
As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll. All legislative acts relating to comprehensive plans, land use planning or zoning adopted by a city shall be by ordinance. Except as provided in subsection (6) of t…
227.187 Public sale of copies of city comprehensive plan and land use regulations
A city shall maintain copies of its comprehensive plan and land use regulations, as defined in ORS 197.015, for sale to the public.
227.188 Amendments to city comprehensive plan map
A city governing body may authorize the planning commission or hearings officer to conduct hearings and make final decisions on applications for amendments to the city comprehensive plan map. A final decision of the planning commission or hearings officer made under subsection (1) of this section may be appealed to or reviewed by the city governing body. A…
227.190 Solar access ordinances; purpose; standards
City councils may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The city council shall consider…
227.195 Effect of land use regulations and comprehensive plans
Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations.
227.210 [Repealed by 1975 c.767 §16]repealed
No operative statutory text appears at this designation in the selected edition.
227.215 Regulation of development
As used in this section, “development” means a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and subdivisions as provided in ORS 92.010 to 92.285, and creating or terminating a right of access. A city may plan and otherwise encourage and re…
227.220 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.220)]repealed
No operative statutory text appears at this designation in the selected edition.
227.230 [Amended by 1971 c.739 §2; 1975 c.153 §4; repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.230)]repealed
No operative statutory text appears at this designation in the selected edition.
227.240 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.240)]repealed
No operative statutory text appears at this designation in the selected edition.
227.250 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.250)]repealed
No operative statutory text appears at this designation in the selected edition.
227.260 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.260)]repealed
No operative statutory text appears at this designation in the selected edition.
227.270 [Repealed by 1975 c.767 §10 (227.215 enacted in lieu of 227.270)]repealed
No operative statutory text appears at this designation in the selected edition.
227.280 Enforcement of development legislation
The council may provide for enforcement of any legislation established under ORS 227.215.
227.283 Regulations applicable to resumption of nonconforming uses
City land use regulations that allow the resumption of a nonconforming use after its interruption or abandonment may not consider a use interrupted or abandoned during the time that a federal, state or local emergency order limits or prohibits the use or the repair or replacement of the use. Note: 227.283 was added to and made a part of ORS chapter 227 by l…
227.285 [1959 c.601 §1; repealed by 1969 c.460 §2 (227.286 enacted in lieu of 227.285)]repealed
No operative statutory text appears at this designation in the selected edition.
227.286 Regulations applicable to public property
City ordinances regulating the location, construction, maintenance, repair, alteration, use and occupancy of land and buildings and other structures shall apply to publicly owned property, except as the ordinances prescribe to the contrary.
227.290 Building setback lines established by city council; criteria
The council or other governing body of any incorporated city, under an exercise of its police powers, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway or other public way in such city. It may make it unlawful and provide a penalty for erecting after said establishment any building or …
227.300 Use of eminent domain power to establish setback lines
The council or other governing body of any incorporated city, under an exercise of the power of eminent domain, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway, or other public way in such city in cases where the establishment of such setback lines is for street widening purposes, an…
227.310 [1957 c.67 §1; 1975 c.767 §13; repealed by 1977 c.766 §16]repealed
No operative statutory text appears at this designation in the selected edition.
227.320 City program for demolition of residences or residential buildings
Subject to the provisions of this section, a city of this state may establish by ordinance or otherwise a program for the demolition of residences or residential buildings. A program established under this subsection: Must require a person performing a demolition to acquire a permit from the city authorizing the person to perform the demolition; If a perso…
227.350 Notice of proposed wetlands development; exception; approval by city
After the Department of State Lands has provided the city with a copy of the applicable portions of the Statewide Wetlands Inventory, the city shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following activities that are wholly or partially within ar…
227.400 Truck routes; procedures for establishment or revision; notice; hearing
A city council shall not establish a new truck route or revise an existing truck route within the city unless the council first provides public notice of the proposed truck route and holds a public hearing concerning its proposed action. The city council shall provide notice of a public hearing held under this section by publishing notice of the hearing onc…
227.450 Recycling containers; recommendations for new construction
Multiunit housing with more than 10 individual residential units should include adequate space and access for collection of containers for solid waste and recyclable materials. Each commercial building and each industrial and institutional building should include adequate space and access for collection of containers for solid waste and recyclable materials…
227.455 Clustered mailboxes in city streets and rights-of-way
Each city in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of city streets and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. Note: 227.455 was enacted into law by the Legislative Assembly but was not added to or…
227.500 Use of real property for religious activity; city regulation of real property used for religious activity
If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a city shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including: Wor…
227.505 Solar energy systems on residential and commercial structures
The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use. The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permit…
227.600 Land use approval preapplication review
As used in this section: “Compost” has the meaning given that term in ORS 459.005. “Disposal site” has the meaning given that term in ORS 459.005. “Local government” has the meaning given that term in ORS 174.116. Before an applicant may submit an application under ORS 227.160 to 227.186 for land use approval to establish or modify a disposal site for co…